SINGAPORE: A company that provides eldercare services was ordered to pay a S$7,000 (US$5,400) fine on Tuesday (Jun 3) after a senior under its care died when his wheelchair rolled off a van platform during transportation.
Mr Hassan Mohamed Karchi Arsan Osman's head struck the ground and he died of a head injury.
The 76-year-old was a client of Active Global Respite Care, which provided transportation services for elderly clients, among other eldercare services.
The company was on Tuesday convicted of a charge under the Workplace Safety and Health Act for failing to implement control measures and safe work procedures to minimise the risks of using a
Another charge of a similar nature under the same Act was taken into consideration for sentencing.
The company owned two vans that took clients between their homes and a senior care centre located along Ghim Moh Link. During the transportation process, a healthcare assistant would be present in each van to help.
At the back of each vehicle was a wheelchair lift, which was a platform that could be raised or lowered so that wheelchair users could board or alight from the van.
Van driver Kwa Kim Seng, 67, and the healthcare assistant Moe Thadar, 49, both employees of the company, were helping Mr Hassan to board the van via the platform when the incident happened.
Each was previously sentenced to a S$10,000 fine for their roles in Mr Hassan's death.
On Feb 3, 2021 at about 4.40pm, the van driven by Kwa was at a daycare centre's pick-up point. Mr Hassan was among the elders to be taken home and Moe Thadar wheeled him onto the platform.
However, she failed to engage the brakes of his wheelchair.
As she walked away, she told Kwa: “Uncle, hold.” This was to inform him that Mr Hassan was ready to be lifted, so Kwa proceeded to raise the wheelchair lift platform from the back of the van while holding onto the wheelchair and chatting with a colleague.
As the platform was about to be level with the van's interior floor, Kwa removed his grip on the wheelchair before the healthcare assistant within the vehicle had a hold on it.
The wheelchair rolled backwards, fell off the platform and Mr Hassan's head struck the ground. The back of his head bled from the impact.
He was taken to the hospital unconscious and died that night, with his cause of death certified to be a head injury.
The prosecution said that the company relied merely on verbal communication of safety measures when employees were getting training on the job.
The company lacked a documented risk assessment on the transportation of their clients using a van with a wheelchair lift.
The Ministry of Manpower's prosecutor Kimberly Boo told the court: "Before the fatal incident, there were inconsistencies in handling wheelchair users on wheelchair lifts as employees taught new employees based on what they were taught, relying on memory and a verbal chain of communication."
Active Global Respite Care also did not have documented procedures to guide employees on safety measures for the use of the wheelchair lift.
The defence lawyers, Ms Gloria James-Civetta and Ms Noelle Teoh, said the company was appointed by the Ministry of Health and the Agency for Integrated Care to operate the Ghim Moh centre.
They argued for their client to be given a fine of not more than S$5,000.
Although the harm was high, the culpability was low in this case, the lawyers said, referring to the firm's unblemished record.
"The incident was an isolated and unprecedented occurrence that tragically resulted in the passing of the late Mr Hassan.
"Prior to the incident ... Active Global had operated in Singapore for several years without any record of similar serious incidents or accidents."
The lawyers also argued that there were protocols and procedures to protect the passengers but they were not followed in this instance.
"It is acknowledged that control measures in place were insufficient to ensure that staff members complied with the safety protocols intended to minimise the risks associated with using the wheelchair lift at the rear of the van.
"However, the defence submits that this lapse was due to negligence, not intentional wrongdoing."
In mitigation, the lawyers highlighted that the company and its representatives have accepted responsibility and fully cooperated with the authorities, in addition to pleading guilty at the earliest opportunity.
Since the incident, the company has addressed gaps in its safety protocols and has deployed more workers at drop-off and pick-up points to enhance safety.
"Weekly checks have also been implemented to ensure compliance with (standard operating procedures), with stern warnings and retraining issued to any non-compliant staff," they said.
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Mr Hassan Mohamed Karchi Arsan Osman's head struck the ground and he died of a head injury.
The 76-year-old was a client of Active Global Respite Care, which provided transportation services for elderly clients, among other eldercare services.
The company was on Tuesday convicted of a charge under the Workplace Safety and Health Act for failing to implement control measures and safe work procedures to minimise the risks of using a
Another charge of a similar nature under the same Act was taken into consideration for sentencing.
The company owned two vans that took clients between their homes and a senior care centre located along Ghim Moh Link. During the transportation process, a healthcare assistant would be present in each van to help.
At the back of each vehicle was a wheelchair lift, which was a platform that could be raised or lowered so that wheelchair users could board or alight from the van.
Van driver Kwa Kim Seng, 67, and the healthcare assistant Moe Thadar, 49, both employees of the company, were helping Mr Hassan to board the van via the platform when the incident happened.
Each was previously sentenced to a S$10,000 fine for their roles in Mr Hassan's death.
On Feb 3, 2021 at about 4.40pm, the van driven by Kwa was at a daycare centre's pick-up point. Mr Hassan was among the elders to be taken home and Moe Thadar wheeled him onto the platform.
However, she failed to engage the brakes of his wheelchair.
As she walked away, she told Kwa: “Uncle, hold.” This was to inform him that Mr Hassan was ready to be lifted, so Kwa proceeded to raise the wheelchair lift platform from the back of the van while holding onto the wheelchair and chatting with a colleague.
As the platform was about to be level with the van's interior floor, Kwa removed his grip on the wheelchair before the healthcare assistant within the vehicle had a hold on it.
The wheelchair rolled backwards, fell off the platform and Mr Hassan's head struck the ground. The back of his head bled from the impact.
He was taken to the hospital unconscious and died that night, with his cause of death certified to be a head injury.
The prosecution said that the company relied merely on verbal communication of safety measures when employees were getting training on the job.
The company lacked a documented risk assessment on the transportation of their clients using a van with a wheelchair lift.
The Ministry of Manpower's prosecutor Kimberly Boo told the court: "Before the fatal incident, there were inconsistencies in handling wheelchair users on wheelchair lifts as employees taught new employees based on what they were taught, relying on memory and a verbal chain of communication."
Active Global Respite Care also did not have documented procedures to guide employees on safety measures for the use of the wheelchair lift.
The defence lawyers, Ms Gloria James-Civetta and Ms Noelle Teoh, said the company was appointed by the Ministry of Health and the Agency for Integrated Care to operate the Ghim Moh centre.
They argued for their client to be given a fine of not more than S$5,000.
Although the harm was high, the culpability was low in this case, the lawyers said, referring to the firm's unblemished record.
"The incident was an isolated and unprecedented occurrence that tragically resulted in the passing of the late Mr Hassan.
"Prior to the incident ... Active Global had operated in Singapore for several years without any record of similar serious incidents or accidents."
The lawyers also argued that there were protocols and procedures to protect the passengers but they were not followed in this instance.
"It is acknowledged that control measures in place were insufficient to ensure that staff members complied with the safety protocols intended to minimise the risks associated with using the wheelchair lift at the rear of the van.
"However, the defence submits that this lapse was due to negligence, not intentional wrongdoing."
In mitigation, the lawyers highlighted that the company and its representatives have accepted responsibility and fully cooperated with the authorities, in addition to pleading guilty at the earliest opportunity.
Since the incident, the company has addressed gaps in its safety protocols and has deployed more workers at drop-off and pick-up points to enhance safety.
"Weekly checks have also been implemented to ensure compliance with (standard operating procedures), with stern warnings and retraining issued to any non-compliant staff," they said.
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